Who really bombed it? How decisive action came back to bite the Sharks

Rugby League Columnist

Soon after the ''blackest day in Australian sport'' press conference on February 7, federal Labor politicians, including ministers, began briefing journalists, telling them how inadequate had been rugby league's response to the drugs crisis.

''Hopeless'', ''light years behind the AFL'' and ''shithouse administration'' were some of the words used, with the politicians further diminishing the NRL by praising their hero, AFL chief executive Andrew Demetriou, and his swift move to link the AFL and Australian Sports Anti-Doping Authority in a joint investigation of Essendon.

It didn't matter the ARLC's new boss, Dave Smith, had been in the job only a week. In fact, he attended an Australian Crime Commission briefing on January 31, a day before his official duties began.

The February 7 press conference was the first time any member of the Cronulla board had heard of the drugs crisis or sports scientist Stephen Dank. One board member immediately called Sharks football manager Darren Mooney and asked, ''Who is Stephen Dank?''

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He was told Dank had only been at the club ''five minutes'', when, in fact, it had been five months.

The Sharks board moved swiftly, despite the NRL counselling them to go slow. Their prime concern was that this season not begin with a football department facing serious governance issues.

They engaged barrister Trish Kavanagh, a former member of the board of ASADA's predecessor, ASDA, together with their own lawyer Darren Kane. To be doubly certain, they engaged Alan Sullivan, QC, who provided advice which accorded with the Kavanagh/Kane recommendations. Auditors Grant Thornton were engaged to oversee the process, particularly as it related to the degree of culpability of coach Shane Flanagan.

Despite the World Anti-Doping Agency code making athletes responsible for anything that enters their system, the board sought answers. Their critics argue their prime concern was to exculpate themselves from guilt. But management had reported nothing to the board. That is, the ''system'', failed the athlete.

The system - the football department of coaches, trainers and medical staff - was therefore disciplined. The two employees, Mooney and Mark Noakes were terminated and the doctor/physiotherapist, being contractors/consultants, were informed their services were no longer required. Flanagan was initially stood down but when a subsequent forensic investigation into the email trail linking the staffers demonstrated no knowledge of Dank's activities, he was reinstated.

How Essendon would wish they had taken the same action. Seven months after the Cronulla board acted, the AFL has charged their coach, doctor, assistant coach and football manager with bringing the game into disrepute. They stand accused of supervising a program where they cannot demonstrate players were not injected with harmful/performance-enhancing substances.

It is this same lack of governance that prompted the Cronulla board to act. And they had less warning than Essendon, whose chairman, David Evans, was given sufficient information to self-report his club to ASADA and the AFL before the ''blackest day'' press conference when Cronulla directors first learnt of a drug culture at their club.

The Cronulla board's reward was to be voted out at this year's elections, replaced by a board that ran on a ticket of reinstatement of the four sacked officials. The new Cronulla board cited a QC's opinion to justify the reinstatement, yet would not show it to Bruno Cullen, the Sharks chief executive, nor invite him to meetings where the matter was discussed. Cullen, whose salary was funded by the NRL, subsequently resigned, probably with the support of headquarters who would not want to be funding an executive divorced from his board.

The ''blackest day'' press conference was designed to frighten footballers into coming forward. The ministerial ''we will get you'' threat misread the mindset of professional players whose success depends on not panicking and whose culture is not to ''give up'' their mates.

Yet, a month later, when Sharks players were reluctant to accept six-month bans, the politicians were accusing the NRL of incompetence, despite the club board being months ahead of Essendon in taking action.

18 comments so far

Roy, I think I am getting RSI trying get people to understand the importance of Procedural Fairness in this whole ASADA, Supplements and Football saga. I only know what I have read in the paper regarding how the four Support Staff at the Sharks had their employment terminated. Which was they were called into individual meetings and had their employment terminated almost immediately. This is how it should have happened.a) With at least 24 hours notice the employee is requested to attend a Disciplinary Meeting to answer alleged charges ( Those charges are detailed in writing and any associated material provided. eg Extracts of Kavanagh Report relating to persons being interviewed.) They would be advised they could have a witness accompany them. b) Meeting held where employee is given opportunity to respond and give circumstances which may mitigate in their favour. They would be advised the matter would now be considered and they would be further advised. c) they would then be advised of the decision. In a nutshell that is procedural fairness. There is case law that if Procedural Fairness is not followed then the Employer has corrupted the process and cannot revisited the decision ie; Employee is re-instated. Ms Kavanagh was for a long time a Judge on the IRC of NSW and would be well versed in this. From my recollection of the news at the time one of the four had lodged a Unfair Dismissal Claim hence the QC's Advice and the new boards action. Roy this is the last free advice you are receiving the next one will cost a carton of Peroni to pander to my memories of Firenze.

Commenter

Rob

Location

Gymea Bay

Date and time

August 21, 2013, 7:26AM

These procedures apply for dismissal on the grounds of poor performance, not gross misconduct. Someone who admits to a doping program when they are the designated drugs officer is being dismissed for gross misconduct, not poor performance.

Commenter

Rob,

Location

Robina

Date and time

August 21, 2013, 11:45AM

Rob. Robina. I think we have had this discussion before. Dismissal on the grounds of Gross Misconduct can still be appealed and tested in a Court of Law. Although I have not seen anywhere that is the reason for the dismissal of the Sharks Four Support Staff. I know the rule of law is not big up Queensland way but could I suggest you bone up on Employment Law so you can make some sense here.

Commenter

Rob

Location

Gymea Bay

Date and time

August 21, 2013, 1:42PM

Procedural fairness doesn't require the employer to present the actual evidence of the misconduct/poor performance, only that they must advise the employee of the reason for which they are being terminated and allow them a chance to respond. The employee's response can be taken into account, or ignored, at the discretion of the employer (at their own risk).

Also, if in the opinion of the employer the decision to terminate will not be reversed regardless of the employee's response, they are not required to allow a witness (though it's generally considered the right thing to do).

Commenter

Zeb

Location

Sydney

Date and time

August 21, 2013, 3:08PM

Zeb.3.08pm. Zeb. ASADA is a Commonwealth Statutory Authority and their Conditions of Employment generally reflect the Federal Public Service. The Procedures for Disciplinary Procedures are well documented and available on the internet. Are you seriously suggesting that footballers should not be afforded the same protection in respect of Procedural Fairness as ASADA Staff. Best of luck running that argument.

Commenter

Rob

Location

Gymea Bay

Date and time

August 21, 2013, 8:18PM

A little one eyed towards league here but I get what he is saying in didn't realise it took the AFL so long to do what cronulla did 6 months ago.

Commenter

Macca

Location

Wollongong

Date and time

August 21, 2013, 7:53AM

The Sharks and their players will ride out this fishing exercise. The two ALP ministers who made the announcement and Essendon probably won't. I'm more likley to vote for the Bulet Train Party than I am for Kate Lundy. The best I can say about her is she answers her correspondence, but then again, she has to.

Commenter

YS

Date and time

August 21, 2013, 8:15AM

I agree that the initial ASADA press conference exercise has yet to produce anything concrete. But we have to be patient. Something fishy has happened at Cronulla. There is zero doubt about this in my mind. And the Cronulla brand is being seen to be uncooperative with ASADA - why, if u have nothing to hide?

This is why Cronulla cant get a major sponsor. The brand is tarnished and ramshackle.

Commenter

jg

Location

Canberra

Date and time

August 21, 2013, 9:20AM

YS and Max. I wouldn't be too harsh on Lundy and Clare the politicians were not the instigators of the ASADA Investigations. It flowed from a Crime Commission investigation on another matter but according to the media, at the time, material from those investigations linked into supplements in sport. This was then narrowed down to the AFL and NRL. With the tenor of the February Press Conference it would be a very brave or stupid politician who did not act upon, I assume, was advice of the Head of the Crime Commission.

Commenter

Rob

Location

Gymea Bay

Date and time

August 21, 2013, 11:05AM

Anybody who saw the excellent ABC documentary on NSW police corruption will understand how it all works. In the beginning, the Wood Royal Commission was set up with two bods...and they had nothing except a file of allegations from John Hatton. The methods used to gradually uncover the events that eventually added up to police corruption took about 18 months. The Royal Commissioner (Justice James Woods) basically announced that he was 'coming to get you - and it is better to own up than be found put'.One by one people rolled. Fast forward to the time of the supposedly 'infamous' press conference, my mind went immediately to that docco and the methods used by the Wood Royal Commission - methods that proved to be a template for flushing out systemic corruption world wide. Something stinks in this country - particularly with the use of various enhancements whether it be in local gyms or professional sporting organisations. The Crime Commission aren't mugs. Criminal organisations are involved. Watching NRL players thumb their nose at the whole process (turning up in Tshirts and thongs) reminds me what morons they are. The apologists from channel nine and the Murdoch press - all who have painted this as some sort of ALP conspiracy - well end up with egg on their faces. The Jason Clares and Kate Lundys had no choice but to fall in line with the advice they have been given. The original press conference was straight out of the 'Wood Royal Commission' playbook. Having said all that...not sure what point Roy is actually making here. (oh yeah...NRL v AFL) but he as much as anyone knows where this is headed....and it wont be pretty.

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